The long arm of the law is reaching out toward ousted Catalan leader Carles Puigdemont — but he could outrun it for a while yet.

A Spanish courtissued an international arrest warrant on Friday for the ex-president of the northeastern region, who is currently in Brussels but has been charged by Spain’s attorney general with crimes, including rebellion and sedition.

But that doesn’t necessarily mean Puigdemont will be on a plane to Spain within a few days to answer for his role in organizing a referendum on secession and a subsequent declaration of independence by the Catalan parliament.

The European Arrest Warrant system, introduced in 2004, made extraditions between European Union countries much quicker and more straightforward. But the process is not completely automatic.

“EU countries agreed among each other that the review [of the warrant] is minimal,” said Philippe Van Linthout, a Belgian investigative judge. However, he said, the law governing the use of the measure in Belgium “foresees reasons to reject the warrant, including if executing it would violate the fundamental rights of the suspect.”

“I think the Belgian government should be glad they don’t have to make a … decision and it is purely left to the court” — Jan Wouters, professor of international law

The law refers to Article 6 of the Treaty on European Union, which mentions respect for “human rights and fundamental freedoms.”

Assuming they receive a Spanish request to apprehend Puigdemont, Belgian authorities’ first step will be to arrest him and bring him before an investigative judge. That judge will decide within 24 hours whether Puigdemont should be detained or not, and also consider whether the warrant can be dismissed entirely.

But that will not be the end of the story. The Catalan leader has the right to contest the extradition request via the Belgian legal system. His Belgian lawyer, Paul Bekaert, is an expert in fighting extradition requests and arrest warrants and he has already made clear that Puigdemont will use every legal avenue to challenge the Spanish move.

Carles Puigdemont gave a chaotic press conference in Brussels on October 31 | Olivier Hoslet/EPA

The whole procedure “can easily take a month and a half, up to two months, in my experience,” Bekaert told public broadcaster VRT on Thursday.

The Catalan ex-president can try to prevent his extradition at multiple levels in the courts, according to Belgian law (and a summary of the process prepared by law firm Allen & Overy and published by Fair Trials, a human rights charity).

His first port of call would be a chambre du conseil, a low-level judicial body. If his argument were rejected there, he could then appeal to a chambredes mises accusation, which would have 15 days to reach a decision. If that chamber found against him, he could then make a final appeal to the cour de cassation, the highest appeal court. It would have a further 15 days to reach a decision.

If the highest court found in his favor, it would send the case back to another chambredes mises accusation. And if that court decided the extradition should go ahead, Puigdemont could appeal to the cour de cassation once again.

In other words, as his lawyer suggested, Puigdemont could stay in Belgium for a month or more while he pursued all possible avenues of appeal — even if the courts keep ruling against him.

And he could stay even longer if he had some success — causing further discomfort for the Belgian government, whose fractures on Catalonia were exposed after its Flemish nationalist immigration minister publicly encouraged Puigdemont to seek asylum.

Fortunately for Prime Minister Charles Michel’s administration, the European Arrest Warrant keeps politics out of the process so no minister should have to handle the delicate extradition request.

Belgian Prime Minister Charles Michel | Stephanie Lecocq/EPA

“It’s purely a judicial process — and that’s how [EU countries] wanted it to be,” said Jan Wouters, professor of international law at the University of Leuven. “I think the Belgian government should be glad they don’t have to make a … decision and it is purely left to the court.”

Asylum unlikely

Puigdemont told a chaotic press conference in Brussels earlier this week that he was not in Belgium to ask for asylum. Nevertheless, Wouters believes his lawyer might end up using that option because “as long as you’re in the process of asking for asylum, you can’t be removed from the territory.”

However, that would likely only buy some time.

While Belgium allows citizens from other EU countries to apply for asylum, Belgian authorities are unlikely to view an application by Puigdemont in a favorable light.

In Belgium in recent years, only between 40 and 100 EU citizens requested asylum annually and the vast majority were rejected.

To obtain asylum, Puigdemont’s lawyers would have to convince the Belgian government that Spain is unsafe from a legal point of view, according to legal experts. But under the EU’s Amsterdam Treaty, all EU governments agreed to consider fellow member countries “safe countries of origin” as far as asylum is concerned.

There is some scope to make exceptions but in Puigdemont’s case it would have to be “a very large exception,” said Philippe De Bruycker, a professor of EU migration law at the Free University of Brussels.

In Belgium in recent years, only between 40 and 100 EU citizens requested asylum annually and the vast majority were rejected, said Dirk Van den Bulck, Belgium’s commissioner general for refugees and stateless persons, who decides on asylum requests.

Jakob Hanke contributed reporting.

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Vishnou

The role the Belgian PM agreed to play in this particular case, under pressure by the NVA government members, is absolutely sickening and disgusting. Easy for him to use the law as a excuse pretending human rights are at stake. Can’t fool anyone. He doesn’t even express a point view on the subject: just hiding away and keeping silent.

Posted on 11/3/17 | 4:55 PM CET

tony

The gane of Chess continues. Mind you I have not understood the strageies of those involved for some time.

By staying in Belgium is Puigdemont losing the respect of his followers in Catalan or enhancing it?

Will he suddenly appear for the December election or will he be prevented from contesting it, which would further stoke the fires of nationalism. Who knows?

Posted on 11/3/17 | 5:11 PM CET

Petter B.

@Tont:

I suppose his strategy is still aimed at Catalan independence, by embarrassing and undermining the authority of the Spanish government as much as possible. Should he actually succeed in getting political asylum in Belgia ( a _very_ remote possibility), it will severely damage Ragoy’s “rule of law” argument and probably force teh EU to get involved in the conflict. Even if he fails, he will have embarrassed Rahoy thoroughly.

Posted on 11/3/17 | 5:57 PM CET

HP

I hope the juge d’instruction will recognize the flight risk and order him to be kept safely in jail for the duration of the process. Probably that would dampen his enthusiasm for abusing our hospitality. And if he asks for political asylum, throw him in one of our marvellous “closed centers” for asylum seekers. I’d be really curious to hear his friend Franken argue against that.

Posted on 11/3/17 | 6:09 PM CET

Ronald Grünebaum

Why would the Belgians do that to themselves?

They can simply declare Puigdemant a persona non grata because he already generates tensions in Belgium. He can be ordered to leave the country. His choice then to go home and face his responsabilities or book a flight to Caracas.

Posted on 11/3/17 | 6:20 PM CET

Vishnou

@Ronald Grünebaum
Are you aware that the NVA, the Flemish secessionist party, holds the major posts in the Federal Government? Some pretend the Prime Minister takes his orders from them to remain in place and, ultimately avoid yet another political crisis. They have most certainly organised Puigdemont escape to Brussels.

Posted on 11/3/17 | 7:01 PM CET

Vishnou

@HP: I can see you know the issue. At least Michel managed one thing: convince Francken not to comment. 🙂

Posted on 11/3/17 | 7:03 PM CET

tere

@Toni. He has the support of the Catalan people. These politicians risked their careers, their families and fortunes to carry through with the people’s mandate. The press has been undermining them with descriptions that don’t correspond to reality – “separatists” “demagogues” etc. when in reality, they are all highly educated with solid formal (phd’s) and informal education (traveling). Many of them speak several languages and they are idealists and people who want a progressive agenda without being slammed down by the Madrid government. It is disturbing to see the way Oriol Jonqueras has been treated by the Guardia Civil on his transport to jail. A dignified man with a Phd in Italian, who speaks several languages and who is basically a good man, being humiliated by ignorant thugs. That is Spain for you, entering yet again another dark period. It is disheartening that the left in Spain did not see fit to take advantage of the movement to extend it through Spain. The current government is destroying the country by stealing even the sun from people (sun taxes). Good read from Professor Resina that contextualizes the current situation from a historical and current events perspective: https://medium.com/freeman-spogli-institute-for-international-studies/the-shortest-lived-catalan-republic-86b657fb1f3e
Also statistics of corruption in Spain in context and comparing it to culture/public health and education expenses: https://www.casos-aislados.com/stats.php

Posted on 11/3/17 | 7:26 PM CET

M LB

@Vishnou
Well it is up to the Courts to rule on extradition.
no individual Politicians can interfere with the rule of law.

Posted on 11/3/17 | 8:59 PM CET

freddie silver

@ Ronald Grünebaum
Puigdemont does not generate any tensions in Belgium. What you call tensions are the usual squabbles dating many years back between Flemish and Walloons although they do not need any international incident of this nature to be willing to fight.
Incidentally, had the politically useless (and powerless) EU intervened in time to bring everybody to the conference table and promoted a civilized discussion of the real issues, all of this would not have happened. It is of course a proof of EU’s inability to act on important issues that the situation got to this point and the Flemish vs. Walloons petty conflict trying to use this matter for their own politicking is essentially a representation of EU’s incapability to resolve serious problems involving a member state.

Posted on 11/3/17 | 10:49 PM CET

freddie silver

@ Vishnou
“…They have most certainly organised Puigdemont escape to Brussels….”
Personal opinions without any proof are the negation of the rational and civilized society we have attempted to build since our ancestors came out of the caves.

Posted on 11/3/17 | 10:58 PM CET

PdB

I fail to understand Puigdemont’s strategy and intentions.

1. He does not intend to seek asylumn.
2. It was clear right from the start that a European Arrest Warrant would be issued if he did not show up in court, since he appeared to have left the country after the investigation / hearing at court had been issued and he failed to show up.
3. it is rather unlikely that Belgium would refuse to cooperate with Spain.
4. So in the worst case scenario, Puigdemont will be arrested by Belgian authorities and extradited if Belgian courts ruled in favour of Spain.

He wins roughly 1.5 – 2 months – and then? What’s gained?

Why not simply show some decorum and face justice instantly. Or does he intend to set up residence in Bolivia, Argentina or similar sunny destinations for the rest of his life?

Posted on 11/4/17 | 3:09 AM CET

RichardT

“I fail to understand Puigdemont’s strategy and intentions.”

I imagine the strategy discussions might have concluded something like this:

“So we’re agreed: half of us will pop off to Brussels and put the EU squarely on the spot. No doubt they’ll try to extradite, so these fatuous ‘rebellion’ charges will get full global scrutiny in the Belgian courts.

The other half will stay here and face the music from an incandescently vindictive Spanish establishment.

If we’re really lucky they’ll bang up the home team without bail and start baying for 30 year jail sentences. Just kidding, obviously they’re not that stupid!”

Posted on 11/4/17 | 10:36 AM CET

grocginesta

@PdB
“I fail to understand Puigdemont’s strategy and intentions.”

I m going to explain my opinion: It’s clear what he is seeking. Three months ago nobody cared about Catalonia. We were only the ones that make a nice performance every 11th September.
Now all the media in the world know about Catalonia, the wish for independence and the Spanish tricks (injustices) to avoid that.
It’s like a war, and every side chooses its weapons. BTW, Catalonia uses only peaceful ones.

Posted on 11/4/17 | 10:37 AM CET

DanCzech

@grocginesta

What Europe sees is another rich region seeking for independence due economical self-interest and populist cultural nationalism. The main difference with other cases is that the Catalan ex-government declared an illegal independence, showing no respect for law and democracy. And that’s why they are in preventive prison waiting for trial (not because their political views but their illegal acts), where Puigdemont belongs.

Posted on 11/4/17 | 6:32 PM CET

Theodore

The criminal mop head manages to hang on in Belgium a couple of months at best , OK nothing we can do except I hope be able to shut him up completely whilst there . Waiting for legal due process to take its course fine but politicking , underminimg the Belgian Government and the country’s unity and being a total nuisance whilst benefiting from Belgium’s ( undeserved ) hospitality is another . He opens his mouth , he goes to jail or is put on the first plane out to Madrid . No mercy for that bastard .

Posted on 11/5/17 | 4:49 AM CET

PdB

@grocginesta:

Thank you for your opinion, are you from Catalonia? I understand the frustration of people or even entire regions with their governments, because: who does not, at least sometimes? *le sigh* *le big sigh*

Guilty as charged in my case, frankly, as a brit, my major concerns in the past have not really been the sentiments of Catalonians – for understandable reasons (especially, since my mom is german, hence my resp. our family’s view on ‘brexit’ is a wee bit more complex than the common shallow quitlings’ ones).

I understand that you wish to tell the world about your concerns, but also see the downside: what happens at present, to me seems like one huge flash in the pan, soon this more or less ‘regional’ concern will be forgotten, given the highly tumultuous political environment we have been living in since 2 years (or so) on an international level.

My personal guess is that Puigdemont’s behaviour is rather damaging for your cause, because – please don’t consider this as an indult, only my personal opinion – he is acting like a clown and media famewhore, rather similar to Farage or Julian Assange.

So your ‘case’ will remain in the media, but will it create understanding and support for Catalonia, or merely the sentiment of ridicule and tedium? I tend to the latter.